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There is one party to this Agreement, the Seller on one side, and be the person who has accepted the rationale for this Public Offer Agreement - the Buyer, on the other hand, are also referred to as - the Parties who have entered into this Public Offer Agreement (hereinafter - Agreement), addressed to an uninvolved number of people, which is an official public proposal. The Seller has entered into a purchase agreement with the Purchasers for the purchase and sale of Goods, photographs of which placements with the authorized person sections of the website https://zuhvala.com/
Purchases of the Products displayed on other pages of https://zuhvala.com/ are bound by this Agreement.
Purchases of the Products displayed on other pages of https://zuhvala.com/ are bound by this Agreement.
PUBLIC OFFER AGREEMENT
1.1. The contractual relationship between the seller and the buyer is drawn up in the form of a Public Offer Agreement.
Clicking on the website page https://zuhvala.com/ in the relevant section of the "ORDER" button means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are specified below.
1.2. The Public Offer Agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur).
In full agreement with this Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of goods by the Seller, is responsible for an unscrupulous Order and for failure to fulfill the terms of this Agreement.
1.3. This Agreement shall enter into force from the moment of clicking on the "ORDER" button, by which the Buyer agrees to purchase the Goods available from the Seller and shall be valid until the Buyer receives the Goods from the Seller and makes full payment with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties shall choose and, if necessary, apply Ukrainian legislation. If an international agreement, the consent to be bound by which has been granted by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, then the rules of the international agreement shall apply.
Clicking on the website page https://zuhvala.com/ in the relevant section of the "ORDER" button means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are specified below.
1.2. The Public Offer Agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur).
In full agreement with this Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of goods by the Seller, is responsible for an unscrupulous Order and for failure to fulfill the terms of this Agreement.
1.3. This Agreement shall enter into force from the moment of clicking on the "ORDER" button, by which the Buyer agrees to purchase the Goods available from the Seller and shall be valid until the Buyer receives the Goods from the Seller and makes full payment with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties shall choose and, if necessary, apply Ukrainian legislation. If an international agreement, the consent to be bound by which has been granted by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, then the rules of the international agreement shall apply.
GENERAL PROVISIONS
"Public Offer Agreement" - a public agreement, a sample of which is posted on the Website https://zuhvala.com/ and the application of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the Website https://zuhvala.com/, addressed to an unspecified number of persons, including Buyers.
"Acceptance" - - the Buyer's acceptance of the Seller's offer to purchase the Goods, the image of which is posted on the Website https://zuhvala.com/, by adding it to the virtual basket and sending the Order.
"Goods" - an item of trade (product, model, accessory, components and related items, any other items of trade), for the purchase of which the Seller's offer is posted on the Website https://zuhvala.com/.
“Buyer” - any capable individual, legal entity, individual entrepreneur, in accordance with applicable international and Ukrainian legislation, who visited the Website https://zuhvala.com/ and intend to purchase one or another Product.
“Seller” - any capable individual, legal entity, individual entrepreneur, in accordance with applicable international and Ukrainian legislation, who are the owners or distributors of the Product and intend to sell it using the Website https://zuhvala.com/.
“Order” - a properly executed and posted on the Website https://zuhvala.com/ application of the Buyer for the purchase of the Products, addressed to the Seller.
“Legislation” - the norms established by Ukrainian or international legislation for regulating contractual legal relations under the Agreement.
"Material defect of the Goods" - a defect that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), and after its elimination, manifests itself again for reasons beyond the consumer's control.
"Acceptance" - - the Buyer's acceptance of the Seller's offer to purchase the Goods, the image of which is posted on the Website https://zuhvala.com/, by adding it to the virtual basket and sending the Order.
"Goods" - an item of trade (product, model, accessory, components and related items, any other items of trade), for the purchase of which the Seller's offer is posted on the Website https://zuhvala.com/.
“Buyer” - any capable individual, legal entity, individual entrepreneur, in accordance with applicable international and Ukrainian legislation, who visited the Website https://zuhvala.com/ and intend to purchase one or another Product.
“Seller” - any capable individual, legal entity, individual entrepreneur, in accordance with applicable international and Ukrainian legislation, who are the owners or distributors of the Product and intend to sell it using the Website https://zuhvala.com/.
“Order” - a properly executed and posted on the Website https://zuhvala.com/ application of the Buyer for the purchase of the Products, addressed to the Seller.
“Legislation” - the norms established by Ukrainian or international legislation for regulating contractual legal relations under the Agreement.
"Material defect of the Goods" - a defect that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), and after its elimination, manifests itself again for reasons beyond the consumer's control.
TERMS AND DEFINITIONS
3.1. The Seller undertakes, under the terms and in the manner specified in this Agreement, to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Website https://zuhvala.com/, and the Buyer undertakes, under the terms and in the manner specified in this Agreement, to purchase the Goods and pay for them.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and that there are no third party rights to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham agreement or an agreement concluded under the influence of pressure or deception.
3.4. The Seller confirms that it has all the necessary permits to carry out economic activities that regulate the scope of legal relations that arise and operate in the process of performing this Agreement, and also guarantees that it has the right to produce and/or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to be liable in the event of violation of the Buyer's rights in the process of performing this Agreement and selling the Goods.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and that there are no third party rights to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham agreement or an agreement concluded under the influence of pressure or deception.
3.4. The Seller confirms that it has all the necessary permits to carry out economic activities that regulate the scope of legal relations that arise and operate in the process of performing this Agreement, and also guarantees that it has the right to produce and/or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to be liable in the event of violation of the Buyer's rights in the process of performing this Agreement and selling the Goods.
SUBJECT OF THE CONTRACT
4.1. The Seller is obliged to:
fulfill the terms of this Agreement
fulfill the Buyer's order in the event of payment from the Buyer;
transfer the Goods to the Buyer in accordance with the sample selected on the relevant page of the Website https://zuhvala.com/, the placed order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse;
inform the Buyer about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this Agreement.
4.2. The Seller has the right:
unilaterally terminate the provision of services under this Agreement in the event of the Buyer's violation of the terms of this Agreement.
4.3. Seller:
Individual entrepreneur Yankovska Yana Oleksandrivna, Kharkiv.
Or a Business Entity from among the persons offering for purchase on the Website https://zuhvala.com/ the Goods according to the single agreed rules set out in this public offer agreement.
fulfill the terms of this Agreement
fulfill the Buyer's order in the event of payment from the Buyer;
transfer the Goods to the Buyer in accordance with the sample selected on the relevant page of the Website https://zuhvala.com/, the placed order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse;
inform the Buyer about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this Agreement.
4.2. The Seller has the right:
unilaterally terminate the provision of services under this Agreement in the event of the Buyer's violation of the terms of this Agreement.
4.3. Seller:
Individual entrepreneur Yankovska Yana Oleksandrivna, Kharkiv.
Or a Business Entity from among the persons offering for purchase on the Website https://zuhvala.com/ the Goods according to the single agreed rules set out in this public offer agreement.
RIGHTS AND OBLIGATIONS OF THE SELLER
5.1. The Buyer is obliged to:
- timely pay for and receive the order under the terms of this Agreement;
- familiarize himself with the information about the goods posted on the Website https://zuhvala.com/;
- upon receipt of the Goods from the person who delivered it, make sure of the integrity and completeness of the Goods by inspecting the contents of the packaging. In case of damage or incompleteness of the Goods - record them in the act, which must be signed by the person who delivered it to the Buyer together with the Buyer.
5.2. The Buyer has the right:
- place an order on the relevant page of the Website https://zuhvala.com/;
- demand that the seller fulfill the terms of this Agreement;
- to be informed about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
- timely pay for and receive the order under the terms of this Agreement;
- familiarize himself with the information about the goods posted on the Website https://zuhvala.com/;
- upon receipt of the Goods from the person who delivered it, make sure of the integrity and completeness of the Goods by inspecting the contents of the packaging. In case of damage or incompleteness of the Goods - record them in the act, which must be signed by the person who delivered it to the Buyer together with the Buyer.
5.2. The Buyer has the right:
- place an order on the relevant page of the Website https://zuhvala.com/;
- demand that the seller fulfill the terms of this Agreement;
- to be informed about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
RIGHTS AND OBLIGATIONS OF THE BUYER
6.1. The Buyer independently places an order on the relevant page of the Website https://zuhvala.com/ by adding the Goods to the virtual basket by clicking the "Add to cart!" button, or by placing an order by e-mail or by calling the phone number specified in the contact section of the Website https://zuhvala.com/.
6.2. The term for forming an Order is up to 1-7 business days from the moment of its placement.
If the order is sent on a weekend or holiday, the term for forming begins on the first business day after the weekend.
6.2. The term for forming an Order is up to 1-7 business days from the moment of its placement.
If the order is sent on a weekend or holiday, the term for forming begins on the first business day after the weekend.
ORDERING PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the relevant page of the Website https://zuhvala.com/.
The price of the Agreement is determined by adding the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or nomenclature of the Product.
7.3. The Buyer may pay for the Order in the following ways:
By bank transfer to the Seller's current account specified in the invoice, including via Internet banking (the Buyer pays for the Order within three days from the date of receipt of the invoice in the amount of 100% of the prepayment).
By postpayment upon receipt of the Order at the delivery service representative office in Ukraine or in another country according to the place of ordering the Product.
By credit card of the following type:
Note. When the Buyer pays for the order by a payment card, an additional fee may be charged by the issuer of this card, in particular, when the Buyer pays for the order by a payment card, an additional fee may be charged when the Buyer pays for European orders by card issuers Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.
When clicking on the "ORDER" button on the Website page https://zuhvala.com/ in the corresponding section, it means that the Seller has notified the Buyer of the possibility of charging an additional fee when the Buyer pays for European orders by card issuers Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.
The price of the Agreement is determined by adding the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or nomenclature of the Product.
7.3. The Buyer may pay for the Order in the following ways:
By bank transfer to the Seller's current account specified in the invoice, including via Internet banking (the Buyer pays for the Order within three days from the date of receipt of the invoice in the amount of 100% of the prepayment).
By postpayment upon receipt of the Order at the delivery service representative office in Ukraine or in another country according to the place of ordering the Product.
By credit card of the following type:
- Visa
- Visa Electron
- Mastercard
- Mastercard Electronic
- Maestro
- Any other method agreed with the Seller.
Note. When the Buyer pays for the order by a payment card, an additional fee may be charged by the issuer of this card, in particular, when the Buyer pays for the order by a payment card, an additional fee may be charged when the Buyer pays for European orders by card issuers Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.
When clicking on the "ORDER" button on the Website page https://zuhvala.com/ in the corresponding section, it means that the Seller has notified the Buyer of the possibility of charging an additional fee when the Buyer pays for European orders by card issuers Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.
CONTRACT PRICE AND PAYMENT PROCEDURE
8.1 The Buyer receives the Goods by delivery or receives it in person. The procedure for payment and receipt is specified on the relevant page of the Website https://zuhvala.com/.
8.2. When delivering the Goods to other cities of Ukraine or to the territory of another country, performed by other delivery Services (hereinafter referred to as Carriers), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these Carriers.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carriers is confirmed by the Buyer with his own signature on the consignment note, the declaration of the Carrier, or in the expense invoice upon receipt of the Goods.
For his part, the Seller guarantees the shipment of the Goods to the Carrier in the quantity specified and paid for by the Buyer, in completeness according to the specification of this Goods and in proper (working) condition and quality.
8.4. In the event of the Buyer's absence at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Goods for unjustified reasons, when delivered by the Courier of the carrier company, the Goods are returned to the shipping center.
Payment for the services of the Carrier Company is deducted from the amount paid by the Buyer for the Goods. The remaining amount is returned to the Buyer on the basis of his letter sent to the e-mail: zuhvala_manager@gmail.com indicating the settlement account to which the funds should be returned.
The Buyer can clarify all questions that arose during the process of payment and receipt of the Goods using the contact details in the Contacts section.
8.2. When delivering the Goods to other cities of Ukraine or to the territory of another country, performed by other delivery Services (hereinafter referred to as Carriers), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these Carriers.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carriers is confirmed by the Buyer with his own signature on the consignment note, the declaration of the Carrier, or in the expense invoice upon receipt of the Goods.
For his part, the Seller guarantees the shipment of the Goods to the Carrier in the quantity specified and paid for by the Buyer, in completeness according to the specification of this Goods and in proper (working) condition and quality.
8.4. In the event of the Buyer's absence at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Goods for unjustified reasons, when delivered by the Courier of the carrier company, the Goods are returned to the shipping center.
Payment for the services of the Carrier Company is deducted from the amount paid by the Buyer for the Goods. The remaining amount is returned to the Buyer on the basis of his letter sent to the e-mail: zuhvala_manager@gmail.com indicating the settlement account to which the funds should be returned.
The Buyer can clarify all questions that arose during the process of payment and receipt of the Goods using the contact details in the Contacts section.
TERMS OF DELIVERY OF GOODS
10.1. The Parties shall be liable for failure to fulfill or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for by this Agreement and applicable international and Ukrainian legislation.
10.2. In the event of disputes arising from the performance by the Parties of this Agreement, with the exception of disputes regarding debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of a claim is 7 (seven) calendar days from the date of its receipt. Compliance with the claim procedure is not required for disputes related to debt collection from the Buyer.
10.3. All disputes, disagreements or claims arising from or in connection with this Agreement, including those relating to its performance, violation, termination or invalidity, shall be subject to resolution in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
10.2. In the event of disputes arising from the performance by the Parties of this Agreement, with the exception of disputes regarding debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of a claim is 7 (seven) calendar days from the date of its receipt. Compliance with the claim procedure is not required for disputes related to debt collection from the Buyer.
10.3. All disputes, disagreements or claims arising from or in connection with this Agreement, including those relating to its performance, violation, termination or invalidity, shall be subject to resolution in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
11.1. The Parties shall not be liable for failure to perform any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, i.e. events or circumstances that are actually beyond the control of such party, which occurred after the conclusion of this Agreement, are unforeseeable and unavoidable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, catastrophes, restrictions imposed by state authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.
11.2. The Party for which it has become impossible to fulfill its obligations under this Agreement due to force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances.
Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was postponed due to the listed circumstances.
11.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement continues for more than three months, each Party has the right to terminate this Agreement unilaterally, notifying the other Party in writing.
Despite the onset of force majeure, before the termination of this Agreement due to force majeure, the Parties shall make final mutual settlements.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, catastrophes, restrictions imposed by state authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.
11.2. The Party for which it has become impossible to fulfill its obligations under this Agreement due to force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances.
Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was postponed due to the listed circumstances.
11.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement continues for more than three months, each Party has the right to terminate this Agreement unilaterally, notifying the other Party in writing.
Despite the onset of force majeure, before the termination of this Agreement due to force majeure, the Parties shall make final mutual settlements.
FORCE MAJEURE CIRCUMSTANCES
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the Seller about the order of the Goods, sending advertising messages, etc.).
12.2. By accepting the Agreement or registering on the Website https://zuhvala.com/ (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data for the following purpose: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about orders, sending advertising and special offers, information about promotions, raffles or any other information about the activities of the Website https://zuhvala.com/ by telecommunications means (e-mail, mobile communication).
For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as to send SMS messages, make calls to the phone number specified in the questionnaire.
12.3. The Buyer grants the right to process his personal data, including: to place personal data in databases (without additional notification about this), to carry out lifelong storage of data, their accumulation, updating, changing (as necessary).
The Seller undertakes to ensure data protection from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as at the mandatory request of a competent state authority).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and reliability of the information provided by the Buyer when placing an order. The Buyer is responsible for the reliability of the information specified when placing an order.
12.2. By accepting the Agreement or registering on the Website https://zuhvala.com/ (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data for the following purpose: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about orders, sending advertising and special offers, information about promotions, raffles or any other information about the activities of the Website https://zuhvala.com/ by telecommunications means (e-mail, mobile communication).
For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as to send SMS messages, make calls to the phone number specified in the questionnaire.
12.3. The Buyer grants the right to process his personal data, including: to place personal data in databases (without additional notification about this), to carry out lifelong storage of data, their accumulation, updating, changing (as necessary).
The Seller undertakes to ensure data protection from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as at the mandatory request of a competent state authority).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and reliability of the information provided by the Buyer when placing an order. The Buyer is responsible for the reliability of the information specified when placing an order.
OTHER TERMS OF THE CONTRACT
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